National Consumer Disputes Redressal Commission Allows Withdrawal of Consumer Complaint in Consumer Case No. 18 of 2024. Complainant permitted to pursue alternative remedy, complaint dismissed as withdrawn.

Tribunals: National Consumer Disputes Redressal Commission Bench: NEW DELHI
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Case Note & Summary

The case involves a consumer complaint filed by Ajay Malhotra against Sunshine Trade Towers Private Limited before the National Consumer Disputes Redressal Commission. The complainant, through his counsel, sought to withdraw the complaint as he intended to pursue an alternative remedy regarding his grievance. The Commission, presided over by AVM J. Rajendra (Retd.), allowed the withdrawal and dismissed the complaint as withdrawn. The order was passed on 05.05.2025. The matter was listed as CC/18/2024 along with an application IA/12788/2024 regarding maintainability. The counsel for the complainant stated on instructions that he seeks to withdraw the complaint to pursue an alternative remedy. The Commission permitted the withdrawal and dismissed the complaint accordingly.

Headnote

A) Consumer Law - Withdrawal of Complaint - Alternative Remedy - Consumer Protection Act, 2019 - Complainant sought to withdraw the complaint to pursue an alternative remedy - The Commission allowed the withdrawal and dismissed the complaint as withdrawn - Held that the complainant is entitled to withdraw the complaint and pursue other remedies (Para 1).

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Issue of Consideration

Whether the complaint should be dismissed as withdrawn when the complainant seeks to pursue an alternative remedy.

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Final Decision

The complaint is dismissed as withdrawn.

Law Points

  • Withdrawal of complaint
  • Alternative remedy
  • Consumer Protection Act
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Case Details

2025 LawText (NCDRC) (01) 50

CC/18/2024

2025-05-05

AVM J. Rajendra, AVSM VSM (Retd.), Presiding Member

Ritul Tandon, Advocate (for Complainant); Anshul Gupta, Advocate; Rishabh Darira, Advocate

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Nature of Litigation

Consumer complaint

Remedy Sought

Withdrawal of complaint to pursue alternative remedy

Filing Reason

Grievance against opposite party

Issues

Whether the complaint should be dismissed as withdrawn

Submissions/Arguments

Counsel for complainant sought to withdraw the complaint to pursue alternative remedy

Ratio Decidendi

A complainant is entitled to withdraw a consumer complaint to pursue an alternative remedy, and the complaint may be dismissed as withdrawn.

Judgment Excerpts

Learned Counsel for the Complainant on instructions states that he seeks to withdraw CC/18/2024 as per pursuing alternative report with respect to the grievance of the Complainant. Allowed. CC/18/2024 is dismissed as withdrawn.

Procedural History

The complaint was filed as CC/18/2024 along with IA/12788/2024 regarding maintainability. On 05.05.2025, the complainant sought withdrawal, which was allowed.

Acts & Sections

  • Consumer Protection Act, 2019:
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